Direito ao esquecimento versus liberdade de expressão e informação

Abstract

This monograph has the main aim of presenting the main considerations about the right to be forgotten, especially about how it stands in face of other Constitutional rights, such as the right to freedom of speech and information. The issue relates to the collision of these fundamental principles. Although there is no specific legal provision, it is received in the Federal Constitution, by the Legal Doctrine and the Brazilian Jurisprudence. The right to be forgotten is an instrument to protect the dignity of the human person. Originally the right to be forgotten has as its main concept on benefiting those who have already been punished for their crimes and/or for the facts they have committed. Thus, such people would have the faculty to request the publications inherent to them to be erased, and for this reason, it is not convenient for them to be remembered, bringing out the ills that have already been overcome. In this work, an analysis of the collision between fundamental rights will be made, presenting methods proposed by the Jurisprudence and Legal Doctrine for the solution of the conflict. O carry out the research, we used the technique of bibliographic, documentary and legislative research, and also include magazine articles and the Internet, through the inductive method.